silence as accpetance Flashcards
why can silence not constitute acceptance
due to the fact the offeree should not have imposed upon him the burden on rejecting.
What is the case discussing the possibility that if the offeror has said either implicitly or explicitly that the offer need not communicate his acceptance
Felthouse V Bindley (C offered to buy a horse from his nephew, and stated that if he heard no more from his nephew he would consider the horse to be his for the price he offered. The nephew agreed, so told the auctioneer he no longer wanted to put his horse up for auction. The auctioneer sold the horse, and was sued by C. It was held there was no contract as the nephew had not communicated his acceptance.)
What is the position taken if the offered does not say anything but his conduct clearly indicates to the offered that he intends to accept the offer
the his intend is unequivocal and it cannot be said that a contract is being force upon him- Nisan UK Ltd V Nissan Motor Manufacturing (UK) Ltd- The conduct of starting to deliver cars was enough to be held that there was a valid acceptance.
Give an example of where silence of the offer does indicate to the other party an intention to accept the offer even in the absence of conduct on his part
if there have been previous dealings between the parties
Case showing previous dealings between the parties
Rust V Abbey Life Insurance Co (C applied for a bond, which was duly allocated to and retained by her for seven months, at which time she claimed her money back. It was hled that she lost because her application was an offer, duly accepted by D. Even if D’s response had been a counter-offer, because it incorporated D’s usual terms, C would have lost because her conduct in doing nothing would have amounted to that of a counter-offer.)
What position has been taken regarding silence and junk mail
Consumer Portection (Distance Selling) Regularions 2000- unsolicited goods that the recipient has no reasonable grounds to believe are sent with a view to acquisition for the purposes of business are treated as an unconditional gift by the sender.
